Aabeedu Nisha v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and W.M.P.No.6606 of 2023 Mrs.Aabeedu Nisha ... Petitioner Vs
1. The Commissioner, Greater Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.
2. The Assistant Commissioner, Greater Corporation of Chennai, Zone-5, Basin Bridge Salai, Old Washermenpet, Chennai - 600 021.
3. The Additional Commissioner of Police, Chennai City Traffic, Chennai City, Vepery, Chennai - 600 007.
... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents and his subordinates not to interfere in to petitioner's peaceful possession and enjoyment of street vending shop holding by the petitioner her near Central Railway Station, opposite to Victoria Hall as an alternate site till such time the constitution of Town Vending Committee and consider 1/5
petitioner's representation dated 24.01.2023 to include petitioner name in the list of candidates allotted shops temporarily near Central Railway Station, opposite to Victoria Hall as an alternate site and issue allotment order in favour of the petitioner in respect of the street vending ship now holding by the petitioner there and fix rent therefor. For Petitioner : Mr.S.Pushpakaran For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
This Writ Petition has been filed to direct the respondents and his subordinates not to interfere in to petitioner's peaceful possession and enjoyment of street vending shop holding by the petitioner her near Central Railway Station, opposite to Victoria Hall as an alternate site till such time the constitution of Town Vending Committee and consider petitioner's representation dated 24.01.2023 to include petitioner name in the list of candidates allotted shops temporarily near Central Railway Station, opposite to Victoria Hall as an alternate site and issue allotment order in favour of the petitioner in respect of the street vending ship now holding by the petitioner there and fix rent therefor. 2/5
2. It is the case of the petitioner that she is running a bunk shop for the past several years and earning a meager sum for their livelihood. It is their further case that the officials of the respondents are frequently visiting the shop and threatening to remove the shop. Hence, she filed this Writ Petition for the aforesaid relief.
3. Mrs.S.Mythreye Chandru, learning Special Government Pleader takes notice for the respondents submitted that the Vending Committee is yet to be constituted and they are awaiting Orders of the Government.
4. In such view of the matter, the petitioner shall give a fresh representation to be formed Vending Committee and on such representation being given, the Vending Committee shall consider the same and pass Orders within a period of two months thereafter. Till such time, the respondents shall not interfere with running of the petitioners' bunk shop.
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5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P is closed. 08.03.2023 nvi Index:Yes/No To,
1. The Commissioner, Greater Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.
2. The Assistant Commissioner, Greater Corporation of Chennai, Zone-5, Basin Bridge Salai, Old Washermenpet, Chennai - 600 021.
3. The Additional Commissioner of Police, Chennai City Traffic, Chennai City, Vepery, Chennai - 600 007.
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RMT.TEEKAA RAMAN, J.
nvi W.P.No.6535 of 2023 and W.M.P.No.6606 of 2023 08.03.2023 5/5